Before you accept this agreement, you should note that other parties may post materials that you may find offensive. It is also possible that other parties may obtain information about you that you may consider personal and that they may seek to harass, intimidate or otherwise use such information in a manner that you may object to. Additionally, information that you post is not private and may be accessed and viewed by others. Thus you should be extremely careful about the information you provide and you should not post information that reveals your home address, telephone number, your full name or other information that you do not want to have publicly revealed. YOU SHOULD ONLY USE A SCREEN NAME OR INITIALS AND NEVER YOUR FULL NAME AND NEVER YOUR HOME ADDRESS OR TELEPHONE NUMBER.
The Site. The content of The Site including but not limited to the fees being charged and any other aspects of The Site can be changed at any time and any additions or changes shall be automatically deemed covered by these terms. The Site or your access to The Site can be terminated at any time by Owner. No such actions shall be deemed a breach or violation of this agreement on the part of Owner. Owner shall not be obligated to provide individual notice to you of any changes to The Site.
Your Responsibilities. You shall be exclusively responsible for anything you post, publish or otherwise put up on The Site (“Material” in this agreement, jointly, collectively and individually, and the term “Material” shall include but shall not be limited to any information including any photographs, descriptions, biographical material including but not limited to your screen name or initials as indicated above, email information, experience or other information you provide and shall include Creative Ideas, as that term is defined below but you shall not submit any Creative Ideas) and everything and all Material that you post, publish or otherwise put up or transmit shall be subject to all of your representations, warranties, obligations and indemnities contained in this agreement. In the event that you provide information about yourself, you shall update such information from time to time to keep the said information current but subject to the ADVISORY above. You are responsible for maintaining the confidentiality of any user identification, password and account provided to you as part of your use of The Site and you are fully responsible for all activities that occur under your user identification, password or account. You shall not allow any other parties to use your account. Owner reserves the right but has no obligation to reject any Material brought to Owner’s attention but Owner shall not, as a regular matter, review, edit, censor or otherwise maintain any supervisory role with regard to any Material. You agree that you will not post on The Site or otherwise publish, transmit, republish or retransmit to others including but not limited to via providing links to any of the following:
any Material that may violate the rights of any other party including but not limited to any rights of privacy, rights against libel and slander including but not limited to both personal and trade libel or slander, rights of contract, copyright, trademark, trade dress or any other rights or any Material that is obscene, offensive, racist, sexually explicit, harassing or which violates the laws of any state, country, province or any other governmental entity anywhere in the world and you agree that you shall be solely responsible for obtaining any permissions to use any materials including materials from other sites in your Material;
any Material, including but not limited to any Material contained in your profile, that includes any other party’s telephone number, home address, URL’s or other web site designations, email address, anatomical or sexual references, or sexually suggestive language;
any photographs, graphics or the like in any format containing nudity or personal information;
any Material that is encrypted;
any Material that is advertising or involves commercial or other solicitation of any nature, whether for you or any other party and whether or not considered to be “spam” or junk email and whether or not mailed individually or as part of a mass mailing;
any Material that may be deemed to be or is a chain letter or the like; and
any Material that contains or delivers any form of viruses, trojan horses, or any other form of malicious or harmful program.
Additionally, you understand that everyone who posts any material to The Site including but not limited to advertisers who advertise on The Site may own rights to that material or such advertisements and other matters and you agree that you shall not copy, transmit, repost or otherwise use any such material or such advertisements and other matters anywhere without the express, prior and written permission of the owner of that material or such advertisements and other matters.
No software from The Site may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iran, Iraq, Libya, North Korea, Sudan, Syria, or any other country to which the United States has embargoed goods; or (ii) to anyone on the United States Treasury Department’s list of Specially Designated Nationals or the United States Commerce Department’s Table of Deny Orders. By downloading or using any such software, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list.
Owner does not accept or consider creative ideas including but not limited to stories, suggestions, character ideas, screenplays, artwork, and other such materials (“Creative Ideas” herein, jointly, collectively and individually) other than those Owner has expressly requested as set forth below. Materials, as defined above, shall include any Creative Ideas but you expressly agree that you shall not submit any such Creative Ideas unless Owner expressly requests the same as set forth below.
If, at Owner’s express request, you send or post (e.g., via message boards or contests) Creative Ideas, the Creative Ideas shall be deemed, and shall remain, the exclusive property of Owner. None of the Creative Ideas shall be subject to any obligation of confidence on the part of Owner, and Owner shall not be liable for any use or disclosure of any Creative Ideas. Without limiting the foregoing, Owner shall and does hereby exclusively own the copyright and all now known or hereafter existing rights of every kind and nature, in perpetuity, throughout the universe in and to the Creative Ideas and Owner shall be entitled to use, reproduce, modify, adapt, publish, translate, license, create derivative works from and distribute such materials or incorporate such Creative Ideas into any form, medium, or technology now known or later developed throughout the universe, for any purpose whatsoever, commercial or otherwise, without compensation to those who provide the Creative Ideas and may allow others to the same rights to the Creative Ideas as Owner has. In addition, you warrant that the Creative Ideas do not violate any party’s rights of any kind under any applicable laws in any country or region of the world. Applicable law may restrict or limit the foregoing provisions of this paragraph and if so, without limitation of the foregoing, you agree that, in no event, shall Owner’s total liability exceed Five Thousand ($5,000.00) dollars.
Owner reserves the right to delete, move or edit Creative Ideas that, in the sole opinion of Owner, Owner deems to be abusive, defamatory, obscene, in violation of copyright or trademark laws, or in violation of any person’s rights of privacy or publicity, or otherwise unacceptable.
You further agree that you shall not:
interrupt or disrupt or attempt to interrupt or disrupt The Site in any way or prevent or impede any other party’s access to The Site;
provide false or misleading information about yourself or others except that you may use a screen name or other name for purposes of privacy;
modify or change or attempt to modify or change any aspect of The Site;
stalk, harass or otherwise bother any other party; and
collect or store email addresses or other information about other users.
You agree that your correspondence or business dealings with, or participation in promotions of advertisers or others found on or through The Site, including credit card processors and others and including issues related to payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertisers or others. You agree to abide by all of the terms and conditions related to your correspondence or business dealings with such other parties. You agree that Owner shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or others on The Site. Advertisers and others are not employees, joint venturers, partners or agents of Owner and are not otherwise affiliated with or related to Owner and are all independent contractors in regard to Owner. Advertisers and others have no authority to bind or obligate Owner in any manner whatsoever. Owner does not screen or investigate the Material or the information posted by you and Owner does not screen or investigate any of the advertisers or others in any manner whatsoever.
You further acknowledge that Owner may establish general practices and limits concerning use of The Site, including but not limited to the maximum number of days that email messages, message board postings or other uploaded Material will be retained, the maximum number of email messages that may be sent from or received by you, the maximum size of any email message that may be sent from or received by you, the maximum disk space that will be allotted on Owner’s servers on your behalf, and the maximum number of times and the maximum duration for which you may access The Site in a given period of time. You agree that Owner has no responsibility or liability for the deletion or failure to store any messages and other communications or other Material. You acknowledge that Owner reserves the right to delete accounts that are inactive for an extended period of time.
If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect exists in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.” If you are a resident of any other state you waive any similar laws that prevent a full and complete release.
Interpretation of this Agreement. It is the intention of Owner in this agreement and with regard to The Site to make certain that Owner is not deemed to be a publisher, speaker or distributor of any Material and not responsible in any manner for the conduct of you or any other member or otherwise. As such, this agreement and The Site shall be construed to make Owner not liable in any manner for any Material, such conduct or otherwise and to make Owner’s actions consistent and compliant with all laws, anywhere in the world, whether now in existence or hereafter enacted.
Your Promises. In addition to all your other promises, representations and warranties and obligations contained in this agreement, you represent and warrant: that you are over the age of 13; that neither the Material nor entering into this agreement by you will impair or violate any rights of any party and that all of the Material complies and will comply with all applicable laws, statutes, regulations of any governmental or other body exercising jurisdiction over this agreement, The Site or otherwise anywhere in the world; that the Material is original with you; that all information contained in the Material is completely truthful, honest and not misleading in any way; and that you shall be solely responsible for full compliance under all state and federal laws, statutes, regulations and similar enactments anywhere in the world regulating this agreement, The Site or otherwise. You further represent and warrant that you shall not seek to hold Owner, or any of Owner’s shareholders, officers, directors, agents, members, attorneys or others liable in any manner for anything that may result from your or another person’s use of The Site. These promises, representations and warranties shall survive the termination of this agreement.
Your Indemnities. You shall defend and save and hold harmless Owner, Owner’s affiliated and related corporations and other related business entities, their or Owner’s respective heirs, successors and assigns and their or Owner’s licensees, partners, employees, agents, attorneys, shareholders, officers, directors and members against any and all claims, demands, costs, awards, damages and the like, including attorneys fees, that may arise from a breach or claimed breach of any of your warranties, representations, promises or obligations under this agreement, whether or not a breach of those warranties, representations, promises or obligations is finally sustained and whether or not any litigation or claim is filed, or for any other cause of action or claims by any parties including but not limited to any governmental body whether or not any litigation or claim is filed or sustained. These indemnities shall survive the termination of this agreement.
No Warranties. THE SITE AND ALL OF ITS COMPONENTS INCLUDING BUT NOT LIMITED TO ANY ADVERTISING ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WHETHER AS TO USE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE. OWNER DOES NOT WARRANT THAT ANY OF THE MATERIAL WILL BE SECURE. YOU ARE USING THE SITE AT YOUR OWN RISK. OWNER SHALL NOT BE RESPONSIBLE FOR ANY ACTS OR OMISSIONS BY ANY PARTY INCLUDING BUT NOT LIMITED TO ANY “HACKERS” OR THOSE WHO MIGHT INVADE OR DISRUPT THE SITE OR TAKE INFORMATION INCLUDING MATERIAL FROM THE SITE OR OTHERWISE. OWNER SHALL NOT BE RESPONSIBLE FOR THE CORRECTNESS OR ACCURACY OF ANY MATERIAL POSTED ON OR INFORMATION OBTAINED FROM THE SITE, WHETHER BY OR FROM OWNER OR BY OR FROM ANY PARTY INCLUDING BUT NOT LIMITED TO BY OR FROM ANY ADVERTISER OR ANY OTHER PARTY. OWNER DOES NOT ENDORSE OR SUPPORT ANY MATERIAL POSTED BY ANY PARTY INCLUDING BUT NOT LIMITED TO ANY ADVERTISER OR ANY OTHER PARTY. OWNER SHALL NOT BE RESPONSIBLE FOR ANY ACTS OR OMISSIONS BY ANY PARTY INCLUDING BUT NOT LIMITED TO ANY ADVERTISER OR ANY OTHER PARTY INCLUDING BUT NOT LIMITED TO ANY PARTY TO WHOM THE SITE HAS PROVIDED ANY LINKS OR ANY PARTY WHICH MAY PROVIDE SERVICES TO THE SITE OR TO YOU. OWNER SHALL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DIRECT OR INDIRECT COMPENSATORY, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OR COSTS OF ANY CHARACTER INCLUDING BUT NOT LIMITED TO DAMAGES OR COSTS FOR PERSONAL INJURY OF ANY SORT, COPYRIGHT INFRINGEMENT, TRADEMARK INFRINGEMENT, PATENT INFRINGEMENT, LIBEL, SLANDER, INVASION OF PRIVACY, INTERFERENCE WITH THE RIGHTS OF PUBLICITY, LOSS OF GOODWILL, LOSS OF DATA, LOST PROFITS, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, BREACH OF CONTRACT, FAILURE TO PAY FOR SERVICES OR WORK, OR FOR FAILURE OF OWNER’S OR ANY OTHER WEB HOSTING OR OTHER SERVER OR ANY FAILURE OF OWNER OR ANY OTHER PARTY TO PROVIDE INTERNET ACCESS OR ACCESS TO THE SITE FOR ANY PERIOD OF TIME OR FOR ANY CAUSE OUTSIDE OF OWNER’S CONTROL OR FOR ANY AND ALL OTHER DAMAGES OR COSTS INCLUDING PUNITIVE DAMAGES OR LOSSES. OWNER WILL NOT BE LIABLE FOR ANY DAMAGES OR COSTS IN EXCESS OF THE TOTAL CONTRACT PRICE FOR THE SERVICES RENDERED HEREIN, EVEN IF OWNER SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES OR COSTS, OR FOR ANY CLAIM BY ANY OTHER PARTY. THE WITHIN LIMITATION OF WARRANTIES MAY BE LIMITED BY THE LAWS OF CERTAIN STATES OR OTHER JURISDICTIONS AND SO SOME OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE OTHER RIGHTS THAT MAY VARY FROM STATE TO STATE.
Parental Control. Parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. The names of some of those providers or the information that will enable you to access that information about such providers can be found at http://search.yahoo.com/search?p=parental+controls&fr=FP-tab-web-t&toggle=1&ei=UTF-8 Owner shall not be responsible in any manner as to any aspect of any such parental control protections or otherwise.
Claims. Any claims by you or any party claiming any rights from you must be commenced within one (1) year from when a cause of action accrues.
Miscellaneous. The Site is provided by Owner, who is located at 2107 West Washington Blvd., Los Angeles, CA 90018, email <Valerie.Ervin@theraycharlesfoundation.org> and the name of Owner’s Designated Agent is Valerie Ervin at that address. If you have any complaints about The Site, you can contact Owner at the above email or other address. If you believe your copyright rights have been violated, you should notify Owner’s Designated Agent. Residents of the state of California can obtain additional information about their rights from the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted in writing at 1020 N. Street, #501, Sacramento, CA 95814 or by telephone at (916) 445-1254. This agreement shall be subject to and interpreted under the laws of the state of California applicable to agreements wholly to be performed therein as well as the laws of the United States, where applicable. Captions are for clarity sake only and have no substantive effect. This agreement is the complete understanding between you and Owner except that Owner may change the provisions of this agreement by posting such changes on The Site but without any individual notice to you and if you use The Site after such change is so posted, you will be deemed to have accepted such change and such change shall be retroactively made a part of this agreement. This agreement shall bind and benefit each of your and Owner’s respective heirs, assigns and successors in interest but any restrictions on assignment and transfer otherwise contained in this agreement shall otherwise apply. A waiver of any provision of this agreement, or any claimed breach thereof, shall not be deemed a waiver of any other provision or breach. All remedies provided Owner in this agreement are cumulative and the exercise by Owner of any remedy shall be without prejudice to Owner’s exercise of any other rights or remedies available to Owner. Any dispute arising under this agreement shall be determined only by a court of competent jurisdiction only in Los Angeles, California and Owner shall be entitled to injunctive relief. You expressly consent to personal jurisdiction in such state and in such court and you expressly waive the right to a jury trial. In any action under this agreement, the prevailing party shall be entitled to attorneys’ fees and court costs. In the event any portion of this agreement shall be held invalid or unenforceable it shall not affect the validity or enforceability of the rest of this agreement. All of the provisions of this agreement shall survive the termination of this agreement for any reason.
Owner has a strong commitment to Internet privacy. You can visit most portions of The Site without telling us who you are and without revealing any personal information.
Kinds of Information. Owner collects certain information in various ways from The Site and from communications you may have with Owner and uses that information in various ways. Among information that Owner may collect are real names, real addresses including the city, state and zip code in which you reside, email addresses, telephone numbers, social security numbers, financial data, information about your organization, information about your Internet connection or other information (“Personally Identifiable Information” herein). Owner may also collect statistics about members, traffic patterns and related information as well as information gathered from the use of “cookie” or other technologies, whether from advertisements on The Site or otherwise, and all other such information (“Non- Personally Identifiable Information” herein). Owner may use Personally Identifiable Information and Non-Personally Identifiable Information to communicate with you but Owner does not sell or otherwise disclose Personally Identifiable Information outside the organization of Owner except that Owner may use and allow others to use such Personally Identifiable Information and non-Personally Identifiable Information in all ways related to the process of Owner in deciding about grants including but not limited to communicating with other parties about you and your organization and include any such Personally Identifiable Information and non-Personally Identifiable Information in such communications. Furthermore, Personally Identifiable Information and Non-Personally Identifiable Information may be used and included in regard to any aspect of the business of Owner including but not limited to sales, mergers, acquisitions, bankruptcies and the like and including any such information related to tours of The Ray Charles Memorial Library and otherwise and in all such instances, both Personally Identifiable Information and Non-Personally Identifiable Information may be provided to others. You agree that Owner may use all of the foregoing information as indicated herein. If you do not agree with the provisions of this paragraph, you should not provide any information to Owner.
Your Rights to Opt Out and Change or Delete Your Information: If you do not wish to receive e-mail or other correspondence related to Owner’s or other parties’ marketing, promotions, products or services, you should indicate your said preference. You may change the information you provide by sending Owner email at the address indicated below.
5. General Provisions. Please keep in mind that whenever you voluntarily disclose personal information online including but not limited to on The Site or in communication with Owner, that information is publicly available and is not private and can be collected and used by Owner and by other parties and may result in unsolicited messages or other communications with you. Owner does not guarantee the security of any information you post or otherwise communicate to Owner.
Miscellaneous. The Site is provided by Owner, who is located at 2107 West Washington Blvd. Los Angeles, California 90018, email <Valerie.Ervin@theraycharlesfoundation.org> and the name of Owner’s Designated Agent is Valerie Ervin at that address.. If you have any complaints about The Site, you can contact Owner at the above email or other address. If you believe your copyright rights have been violated, you should notify Owner’s Designated Agent. Residents of the state of California can obtain additional information about their rights from the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted in writing at 1020 N. Street, #501, Sacramento, CA 95814 or by telephone at (916) 445-1254. This agreement shall be subject to and interpreted under the laws of the state of California applicable to agreements wholly to be performed therein as well as the laws of the United States, where applicable. Captions are for clarity sake only and have no substantive effect. This agreement is the complete understanding between you and Owner except that Owner may change the provisions of this agreement by posting such changes on The Site but without any individual notice to you and if you use The Site after such change is so posted, you will be deemed to have accepted such change and such change shall be retroactively made a part of this agreement. This agreement shall bind and benefit each of your and Owner’s respective heirs, assigns and successors in interest but any restrictions on assignment and transfer otherwise contained in this agreement shall otherwise apply. A waiver of any provision of this agreement, or any claimed breach thereof, shall not be deemed a waiver of any other provision or breach. All remedies provided Owner in this agreement are cumulative and the exercise by Owner of any remedy shall be without prejudice to Owner’s exercise of any other rights or remedies available to Owner. Any dispute arising under this agreement shall be determined only by a court of competent jurisdiction only in Los Angeles, California and Owner shall be entitled to injunctive relief. You expressly consent to personal jurisdiction in such state and in such court. In any action under this agreement, the prevailing party shall be entitled to attorneys’ fees and court costs. In the event any portion of this agreement shall be held invalid or unenforceable it shall not affect the validity or enforceability of the rest of this agreement. All of the provisions of this agreement shall survive the termination of this agreement for any reason.
IF YOU DO NOT AGREE WITH AND ACCEPT ALL OF THE FOREGOING PROVISIONS, DO NOT USE THE SITE.